(a) Discipline By Other Courts. Upon being disciplined in another jurisdiction, a
lawyer admitted to practice before this court must promptly inform the clerk. Upon
notification from any source that a lawyer within the jurisdiction of this court has
been disciplined in another jurisdiction, the clerk must obtain and file a certified
copy of the disciplinary order.
(b) Notice and Order to Show Cause.
(1) Notice to Attorney. Upon the filing of a certified or exemplified copy of a
judgment or order demonstrating an attorney admitted to practice before this
court has been publicly disciplined by another court, the clerk, in the name
of the court, will forthwith issue a notice directed to the attorney containing:
(A) a copy of the judgment or order from the other jurisdiction or a
statement of any information received relating to the discipline
imposed by the other court;
(B) an order to show cause directing that the attorney inform the
Disciplinary Panel within 30 days after service of that order upon
the attorney, personally or by certified mail, return receipt requested,
of any claim by the attorney predicated upon the grounds set forth
in (d) hereof that the imposition of discipline substantially similar to
that imposed by the other court would be unwarranted and the
reasons therefore; and
(C) if the discipline administered in the other jurisdiction included
suspension from the practice of law, disbarment, or if the attorney
has surrendered his or her license, an order temporarily suspending
the attorney from practice in the District Court and the Bankruptcy
Court as provided for in D. Kan. Rule 83.6.6.
(2) Notice to Other Court. The other court will be given notice of the issuance
of the order to show cause and of the response by the attorney and has the
right to intervene in the proceedings for the purpose of demonstrating the
discipline imposed by it was appropriate.
(c) Stays. In the event the discipline imposed in the other jurisdiction has been stayed
there, any reciprocal discipline imposed in this court must be deferred until such
stay expires.
(d) Reciprocal Discipline Imposed; Exceptions. After 30 days has passed from
service of the notice issued pursuant section (b) of this rule, the Disciplinary Panel
must impose discipline substantially similar to that imposed by the other court
unless the respondent-attorney demonstrates, or the Disciplinary Panel finds, that
on the face of the record upon which the discipline in the other jurisdiction is
predicated, it clearly appears:
(1) The procedure was so lacking in notice or opportunity to be heard as to
constitute a deprivation of due process;
(2) There was such an infirmity of proof establishing the misconduct as to give
rise to the clear conviction that the Disciplinary Panel could not, consistent
with its duty, accept as final the conclusion on that subject;
(3) The imposition of the same discipline by the Disciplinary Panel would
result in grave injustice; or
(4) The misconduct established warrants substantially different discipline.
Where the Disciplinary Panel finds that any of the above elements are
present, it will enter an order that it finds appropriate. The party seeking a
different discipline bears the burden to show that the same or substantially
similar discipline is not appropriate.
(e) Final Adjudication in Other Courts. In all other respects, a final adjudication in
another court that an attorney has been guilty of misconduct establishes
conclusively the misconduct for purposes of a disciplinary proceeding in this court.
(f) Referral to a Hearing Panel. At any stage, the Disciplinary Panel may refer
proceedings under this rule to a hearing panel for investigation and report to the
Disciplinary Panel.
***
As amended 9/23/05, 3/17/04, 11/16/90.
